Mike Fox highlights the troubling issue of “criminalization by regulation” in a recent opinion piece. He recounts how using a standard six-foot dog leash on Supreme Court grounds—where only four feet is allowed—can result in a federal misdemeanor punishable by jail time, despite the absence of clear signage. Similarly, bringing a stroller into certain public restrooms can also trigger federal penalties.
These examples, Fox argues, are part of a broader problem: thousands of federal regulations, not passed by Congress, carry criminal penalties. With over 300,000 such regulations, unelected bureaucrats have effectively created a hidden body of criminal law. Citizens can face prosecution for actions no reasonable person would consider crimes.
Fox supports President Trump’s recent executive order aimed at curbing the enforcement of such regulatory crimes. He also testified before the House Judiciary Crime Subcommittee, emphasizing the need for fair notice and criminal intent in federal law. He warns that federal prosecutors can misuse these regulations as powerful tools against ordinary people, citing cases like runner Michelino Sunseri and outdoor enthusiast David Lesh, both entangled in regulatory prosecutions.
Fox calls for legislative reforms to ensure that only Congress can create federal crimes. He urges further action, including pardons for those already prosecuted under these obscure regulations, to protect well-meaning Americans from unjust legal entanglements.